Full Order Text
Final Order 1 · 01 Sept 2023 · CNR MHCC010121132019
Order Details: Notice of Motion Pdf Text: 43,44 01/09/2023 SUIT 907/17 NM 4413/19 CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None present. Defendant failed to proceed with N/M hence keep it for dismissal order. Matter is adj to 06/11/2023 for dismissal on N/M. Later on at 3.45pm None for plaintiff. Adv.Nirmala Bhosale for defendant present. Heard Ld.Adv.for defendants. ORDER ON N/M NO.4413/19. Notice of Motion moved by defendants condone delay of 344 days to file written statement. It is their contention that they are served with summons on different dates they reside at Dapoli. It is also their contention that they are uneducated hence not aware about the court proceeding hence prayed to allow the N/M. Contents of N/M remained unchallenged hence there is no reason to disbelieve their contention. However want of court proceeding may not be ground to condone the delay. Defendants have filed written statement along with N/M. Hence, to decide matter on merit it is just and proper to allow the N/M but want of proper explanation ensue the cost. Considering delay it would be just and proper to impose the cost of Rs.5,000/-. Accordingly N/M No.4413/19 is allowed subject to cost of Rs.5,000/- payable on or before next date. Defendants to deposit such cost towards DLSA, Mumbai. On payment of aforesaid cost written statement be taken on record. Matter is adj to 06/11/2023 for compliance. Judge Later on at 4.04pm Adv.Aniket Kamble i/b Adv.Onkar Warange for plaintiff present. -- 1 of 1 --